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| Sex offender wins terms challenge | |
| (20 minutes later) | |
| A sex offender has successfully challenged in the Court of Appeal the way the government manages indeterminate jail sentences. | |
| Indeterminate sentences - used since 2005 - have a minimum tariff, but offenders must prove they are no longer a danger before they can be released. | |
| David Walker says he cannot be considered for release because his jail does not offer a parole course. | David Walker says he cannot be considered for release because his jail does not offer a parole course. |
| The courts ruled there "was a general and systemic legal failure". | |
| Meanwhile, the Prison Reform Trust says the sentences have stretched jails to breaking point. | Meanwhile, the Prison Reform Trust says the sentences have stretched jails to breaking point. |
| No chance of release | No chance of release |
| David Walker was given an indeterminate sentence after being convicted of sexual assault while drunk. | David Walker was given an indeterminate sentence after being convicted of sexual assault while drunk. |
| His tariff expires in November, but he cannot be considered for release until he has gone through the parole procedure, which includes going on a parole course. | His tariff expires in November, but he cannot be considered for release until he has gone through the parole procedure, which includes going on a parole course. |
| But his lawyers say there are no parole courses for life prisoners at his category of jail. | But his lawyers say there are no parole courses for life prisoners at his category of jail. |
| They claim he is therefore being subjected to arbitrary detention in breach of his human rights. | They claim he is therefore being subjected to arbitrary detention in breach of his human rights. |
| ...they have become a ferocious, unjust law that, in two years, has catapulted around 3,000 people into jail for who knows how long Juliet LyonReform Prison Trust | ...they have become a ferocious, unjust law that, in two years, has catapulted around 3,000 people into jail for who knows how long Juliet LyonReform Prison Trust |
| The Prison Reform Trust says more than 3,000 indeterminate sentences have been passed, many for relatively minor offences, in the past two years. | The Prison Reform Trust says more than 3,000 indeterminate sentences have been passed, many for relatively minor offences, in the past two years. |
| Juliet Lyon, director of the trust, said the sentences had been designed as a technical measure to detain a small number of dangerous offenders. | Juliet Lyon, director of the trust, said the sentences had been designed as a technical measure to detain a small number of dangerous offenders. |
| "But badly drafted, and whipped up by the previous prime minister and home secretary, they have become a ferocious, unjust law that, in two years, has catapulted around 3,000 people into jail for who knows how long." | "But badly drafted, and whipped up by the previous prime minister and home secretary, they have become a ferocious, unjust law that, in two years, has catapulted around 3,000 people into jail for who knows how long." |
| Other people have also criticised indeterminate sentencing. | Other people have also criticised indeterminate sentencing. |
| 'Hairy-chested' | 'Hairy-chested' |
| Chief Inspector of Prisons Anne Owers told BBC's Newsnight on Monday: "There was no plan about how the prison system, already overcrowded, already under stress, was going to deal with them." | Chief Inspector of Prisons Anne Owers told BBC's Newsnight on Monday: "There was no plan about how the prison system, already overcrowded, already under stress, was going to deal with them." |
| Andy Hall QC, chairman of the Criminal Bar Association of England and Wales, told the programme the government's "hairy-chested" sentencing climate was at fault. | Andy Hall QC, chairman of the Criminal Bar Association of England and Wales, told the programme the government's "hairy-chested" sentencing climate was at fault. |
| It had resulted in a "huge explosion" in numbers of people serving life sentences, which had added to the prison crowding crisis, he said. | It had resulted in a "huge explosion" in numbers of people serving life sentences, which had added to the prison crowding crisis, he said. |
| Prisons Minister David Hanson said a review was already under way after the prison board, staff and visitors had all indicated there were problems with indeterminate sentencing. | Prisons Minister David Hanson said a review was already under way after the prison board, staff and visitors had all indicated there were problems with indeterminate sentencing. |
| "I think we need to look at those issues, learn from them and see what the review produces for recommendations when it reports to me in September." | "I think we need to look at those issues, learn from them and see what the review produces for recommendations when it reports to me in September." |